Yellowknife (Apr 06/05) - While Willard Hagen doesn't like who was chosen chairperson of the Mackenzie Valley Land and Water Board, and has a legal opinion in hand to contest the choice in court, he says it's not his fight.

Hagen, chair of the Gwich'in Land and Water Board, called Todd Burlingame's appointment to head up the Mackenzie Valley Board a "slap in the face."

A lawyer has advised the Gwich'in board there is a strong case for overturning the decision made by DIAND minister Andy Scott but Hagen said there's no money for a legal battle.

"All our money comes from Ottawa, and I don't think they're going to give us money to sue them," said Hagen. "If the Gwich'in or Sahtu tribal councils want to pursue it that's they're business."

According to the legal opinion written by Ottawa lawyer Brian Crane, Burlingame's appointment broke "the spirit and intent" of the Mackenzie Valley Resources Management Act.

Crane writes Scott should've at least advised Mackenzie Valley board members that he didn't find the three candidates they presented to him suitable.

The Management Act states that the minister may choose his own appointee to chair the board, but only if a majority of board members don't nominate someone acceptable in a "reasonable" amount of time.

According to Crane, the board wrote to the minister twice prior to the appointment but never received a response.

The first time was on Jan. 21, advising that they had nominated three persons: (then acting chair) Stephen Nielsen, Richard Edjericon and Joan Mercredi.

The second time was on Feb. 25 after the board got wind of the minister's desire to go with Burlingame instead.

According to Crane, Scott's regional office in Yellowknife "tested the waters" in February for choosing Burlingame.

The board then wrote the second letter to Scott, asking whether he wanted the board to make further nominations but they didn't hear back from him. Burlingame was appointed March 9.

Crane writes in his opinion that Scott's decision could be challenged because he never consulted the board.

Ministerial appointments to the board may be challenged within 30 days which makes April 9, 2005 the deadline.

Many Northern leaders viewed Burlingame's appointment as a high-handed attempt by Ottawa to put in place a person friendly with the government and easy to control. The Mackenzie Valley Land and Water board will play a central role in the approval process for the proposed Mackenzie Valley pipeline.

Groenewegen on warpath

A letter drafted by Hay River South MLA Jane Groenewegen will accompany an MLAs trip to Ottawa this week, with signatures from several aboriginal leaders and territorial politicians calling on Prime Minister Paul Martin to rescind Burlingame's appointment.

Members of the Gwich'in and Sahtu water boards are also members of this board.